Get a Police Clearance Certificate for the K-1 Visa Interview, Step by Step

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All fiance visa applicants must bring a Police Certificate to their K-1 visa interview. 

This is required to show that you’re not inadmissible due to past criminal activity… the list of which is given by the State Department: ineligibilities or inadmissibilities and can lead to Fiance visa denial, INA 212(a)(2). 

So– in order to prove that you’re not inadmissible, provide a PC from certain countries you might have lived in.

1. Step 1 – determine if a PC is necessary
2. Step 2 – Search the country’s civil reciprocity tables
3. Step 3 – Review and follow the country’s procedures
4. Step 4 – follow their procedures and submit an application
5. Step 5 – Obtain the Police Certificate and bring to your K visa interview

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What is a Fiance visa Police Certificate?

A Police Clearance Certificate (PC) is usually a concise report issued by a police department detailing what criminal record, if any, the fiance visa applicant has.

This certificate is required by all K-1 or K-2 visa applicants over the age of 16… as part of US immigration law INA 212(a)(2) regarding inadmissibility. 

You must bring this certificate to your K visa interview. And once you hand it over to the Embassy staff along with any supporting documents, the Consular officer reviews it and assesses your inadmissibility.

Most applicants have no issues and are approved. However, some applicants may have criminal records which may show up. 

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Who needs to bring a Police Certificate?

All fiance visa applicants need at least one Police Certificate (possible exemption for K-2 children). There are certain criteria on who needs it and from which country.

These rules depend on how old you are, how long you lived in that particular country, whether you had any criminal history there, and so on.

In most cases, K-1 applicants have to get it from the country of citizenship if that’s where they currently reside. 

Note that although the US Department of State instructs you to get a PC if you’ve lived in a foreign country for 12+ months, this applies to other immigrant visas, not K visas. For K-1/K-2 visas, the required time frame is 6+ months. Before proceeding, check the K-1 visa packet for the required time span.

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How do I know if I need a PC? And from where? 

PCs from different countries depend on several criteria. 

If you were 16 years or older and have lived 6+ months in other countries, then typically you would need additional police certificates. Read the list below to determine if you need one:

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• ► You’ve lived in your nationality for more than 6 months after age 16.
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  It doesn’t matter where you currently reside… if anytime after age 16 you lived in your nationality for over 6 months, you need a PC. Obviously this means that if you have always lived in your own country, then you’ve lived there for more than 6 months after age 16.
  However, you may be living in a different country right now, but would still need a PC from your original country. Typically for most people, this is the only PC they need to get.
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• ► If you’ve lived in another country after age 16 for over 12 months
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  If you lived, studied, or worked in another country since age 16, you should pay attention. Having lived in another country for over 12 months, anytime in the past after age 16, requires a PC. But, if you’re currently living in a foreign country for over 6 months then you need a PC from there.
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• ► Any arrest, imprisonment, or criminal record
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  The final requirement is for any country where you were arrested or imprisoned regardless of your age or length of time you spent time. In short, it means this — if you were ever arrested or imprisoned anywhere, make sure you bring a PC. There might not even be a waiver allowed in this case.
  

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Do I need a PC if I lived or visited the US before? 

No, K-1 visa applicants do not need a police certificate from the US. Even if you have lived or worked previously in the US, a PC is not required. The same goes for having visited in the past on a B1/B2 or ESTA. 

There are two reasons why a PC from the US isn’t required: 

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(1)  The USCIS has already done background checks on the beneficiary in US records 

(2) The beneficiary has to move to the US anyway and will Adjust Status, I-485 (apply for a “Green card”). This requires further background checks.

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In addition, you do not need to submit any Police certificates with your I-129F petition; it’s only required during the K-1 visa interview.

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What are the steps to get a Police Certificate?

Different countries authorize different branches to issue the Police Certificate.

For instance, the Philippines calls it the “NBI Clearance” because the NBI performs the background check; Mexico offers the Police Clearance from the PGR; Hong Kong issues the CNCC “Certificate of No Criminal Conviction” from its Police Department; and so on and so forth. 

Some nations DO NOT issue a police certificate at all. In this instance, you will not be asked to provide one at the fiance visa interview unless you were ever arrested / imprisoned.

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Step 1: Determine if a Police Certificate is required

Review the criteria which tells you if (and from where) you need a Police Certificate. Go to the Dep’t of State for the latest criteria. You should see this table (or something similar). Determine if you need a PC depending on your age and residency.

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Step 2: Search the country’s Civil Document’s schedule

If the criteria applies to you, check each country’s Civil Documents (reciprocity). Enter the country’s name to get instructions of how to obtain civil documents from this country. Example here shows the search for Hong Kong.

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Step 3: Review the Country’s procedures

Read the procedures on how to obtain various documents. Click on the “Police, court, Prison Records” to view. All countries will give you directions on how to get reports or if it’s even required.

Note that YOU must deal directly with the issuing authority to get the certificates. The US Embassy will not request it on your behalf.

Example here lists the procedures from the Hong Kong authorities to issue a CNCC.

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Realize that some countries do not issue a Police Certificate at all. They may only provide Police Certificates if you apply in-person at their office. If that’s the case, you may not be required to bring a Police Certificate from that country unless you happen to be there in person.

However, if you were ever arrested or have a criminal history (no matter if they offer a police certificate), you must get the certificate… even if it requires you going to their Embassy or in person.

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Example # 1: A K-1 applicant fits the requirement for obtaining a Police Certificate from the United Arab Emirates (UAE). She looks up the country’s Civil documents but finds something strange: they don’t provide Police Certificates. 

The UAE does not provide a Police Certificate by mail; You must apply in person. However if it’s unrealistic for you to do this, you are waived the requirement. The US Embassy is aware of the inconvenience. However, if you were ever arrested in the UAE, you’re not waived, you must obtain that police certificate in person.

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For a beneficiary with a clean record, you’re not required to get the certificate from the UAE. The US Embassy will not expect you to bring it, unless it’s convenient for you. Be sure to print this instructions page and bring it to the K visa interview. 

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Step 4: Follow their procedures

Review the process line by line and do exactly as the instructions say. You may have to pay fees, perform fingerprinting, submit applications, and wait for a while. Police certificates may cost a few dollars for K-1 visa applicants and it’s different for each country.

You may be required to send supporting documents along with your application. The instructions will also link you to other sites with further information and detailed steps.

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Step 5: Obtain the Police Certificate

Some authorities send the certificate to the beneficiary, while others deliver it directly to the US Embassy. If given directly to you, make sure to bring the documents to the K visa Interview. Otherwise, follow up with them to make sure they’ve mailed the documents to the US Embassy. You should allow several days for the mail to arrive.

Realize that if you’ve already made a visa interview appointment, but have doubts whether your Police documents will arrive in time, you must inform the US Embassy. It’s up to them to possibly allow the interview and wait for the certificate before continuing with a visa (administrative processing). Otherwise, you have to reschedule the interview.

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When should I apply for a PC? How long does it take?

Police departments are usually overwhelmed. They may take anywhere from 1-4 months to issue a PC. So, you should schedule your K visa interview based on when you predict this PC will arrive.

The best time to apply for a PC depends on how long that particular police department takes. Some are notorious for being slow and uncooperative. I generally recommend you apply for a PC right when you get the I-129F approval notice (I-797) because sometimes these police departments also want proof that your K visa is pending.

Ask them how long they’ll take. 

Next, realize that US Embassies are aware that many countries take a long time to process and issue a PC. Therefore, on occasions, an Officer may allow you to submit the Police certificate later (administrative processing). 

And once they receive this certificate, if you are otherwise approved for the K-1, the visa issuing process continues. But you must inform the Embassy about this issue beforehand to get their feedback.

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What does a PC look like? What information does it contain?

Every country has a different format for the Police Certificate. Some issue a 1-page document. Other’s issue a 2-page report. Normally, it’s a short, concise report which has the following basic elements:

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• ▸ Applicant’s name
• ▸ Date of birth
• ▸ Place of birth
• ▸ Other biographic information
• ▸ The date of the report
• ▸ Which period of time this report covers
• ▸ Any and all criminal records

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Sometimes the PC even acknowledges that the report was generated for a visa interview to the US.

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Secondly, the contents of this report also vary based on country. Some countries include lots of information. Other countries offer very little. 

For K visa applicants, the types of crimes listed on the police report usually include…

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• ● all criminal history 
• ● drug abuse
• ● Reprimands, citations
• ● convictions, sentences
• ● Arrests

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Which crimes are inadmissible?

There are 5 different categories of inadmissible crimes. According to INA 212(a)(2), if you’re convicted of certain crimes, your K-1 visa will be denied:

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1. 1. Crimes of moral turpitude – major crimes that are considered grave. These include murder, rape, kidnapping, etc.
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2. 2. Controlled substances – having, using, abusing, selling, purchasing of controlled substances. Drug abuse is a serious matter.
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3. 3. Multiple convictions – if you’ve been imprisoned for a long time or if you’re a repeat offender.
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4. 4. Controlled substance or human trafficking – if you’re involved or benefited from such crimes.
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5. 5. Security-related threats – if you’re convicted of terrorism, war crimes, involved in totalitarian regimes, etc. 

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A waiver may or may not be available.

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When does the PC expire?

Most Police Clearance Certificates don’t have an expiration date. Unless this PC specifically says it has one, the US Embassy generally accepts it if it’s less than 1 year old. 

However, there’s another way that PCs expire: if you visit the country again without getting a fresh PC. 

Remember, PCs must cover a specific time period of your stay in a particular country in order to be valid. If you visit said country again, you need to get a fresh PC to cover the new time period of your visit.

So, your PC doesn’t have to be recent or new. As long as it’s less than 1 year old and you have no additional need to get a fresh one, you can use it. There’s an example of the British ACRO system explaining the validity date of police certificates.

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Common questions & answers

Most couples have no trouble getting a PC or with any history. But there are several common questions that spring up:

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What if I can’t get a Police Clearance Certificate?

What if I can’t manage to get a PC because the police dept doesn’t give it? Or if they don’t cooperate or respond? 

You will have to first check if you’re required to get a PC from that country. Check the civil reciprocity tables to see if it can be waived. Otherwise, contact the Consulate and ask for further directions. At the very least, you should bring a printout of your request to the visa interview as proof that you tried to get one.

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What if I have a criminal record? 

You should consider legal help if you have a past criminal record. You may be denied a K visa. There may be waivers for certain crimes.

If you have a record but it doesn’t show up in the police report, you should still be honest with the US Embassy and disclose it. Bring all supporting documents.

What if there’s an ongoing trial? Conviction or case? You should disclose that during the interview, too. Bring supporting documents.

If you’ve ever been arrested anywhere in the world, regardless of length of stay, status (visitor, resident, etc.), or even your age, you must present ALL supporting evidence. This could mean police clearance certificates, court records, or certified police records from the country where it occurred. Sure enough, the US Embassy will take a good, long look at arrests and convictions of the beneficiary. 

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Do countries share applicants’ criminal history? 

Yes, many countries participate in the Interpol system. With this, they share data regarding their citizen’s history, crimes, visa applications, and much more. 

It’s possible that information may come up in the Embassy’s background scans.

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Do children need PCs? 

K-2 visa children only need a PC if they’re older than 16 years OR if they’ve ever had a criminal record (regardless of age).

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Can PCs get waived?

US Embassies are aware that certain countries only issue Police Clearances in person. The Embassy will accept a “waiver” from that country. If you can get the certificate anyway, then it would be beneficial. The reciprocity table explains further. 

You should print the page where it shows a “waiver” request. Bring it to the Interview in case a question arises.

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Do PCs need translations or certifications?

Remember to have the Police certificate translated if it’s not in English, although most countries typically have an English version. They also need to be certified.

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…And tips to help prepare for the fiance visa interview. 

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